- 1 - HC-KAR NC: 2026:KHC:4827 MFA No. 1459 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.1459 OF 2025(MV-I) BETWEEN: SRI TIRUPATHI SRINIVAS RAO @ SRINIVAS RAO S/O VENKATESWARLU, AGED ABOUT 52 YEARS, R/AT NO.1-72, ROMAPECHANDA MANDAL, SANTHAGUDIPADU, GUNTUR, ANDHRA PRADESH - 522 615. …APPELLANT (BY SRI. RANGEGOWDA N.R., ADVOCATE) AND: 1. MR. KARTHIKEYAN AGED MAJOR, NO.76, 1ST MAIN, BANDAPPA GARDEN, MUTHYAL NAGAR, MATHIKERE, BANGALORE - 560 054. 2. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., REP. BY ITS MANAGER, GOLDEN HEIGHT, 4TH FLOOR, NO.1/2, 59TH 'C' CROSS, 4TH 'M' BLOCK, RAJAJINAGAR, BENGALURU - 560 010. …RESPONDENTS (BY SRI. JANARDHAN REDDY, ADVOCATE FOR R2; V/O DATED 28.01.2026 NOTICE TO R1 IS D/W) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4827 MFA No. 1459 of 2025 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.03.2024 PASSED IN MVC NO.3895/2021 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU (SCCH-7), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides. 2. This appeal is filed by the Insurance Company under Section 173(1) of Motor Vehicles Act, 1988, challenging the judgment and award dated 01.03.2024 passed in MVC No.3895/2021, by the IX Additional Small Causes Judge and Court of Small Causes, Member, Motor Accident Claims Tribunal-7, Bengaluru (SCCH-7), (hereinafter referred to as 'the Tribunal') seeking enhancement of compensation. 3. The injured claimant met with an accident on 06.05.2021 and filed a claim petition seeking compensation of Rs.40,00,000/-. The Tribunal, after - 3 - HC-KAR NC: 2026:KHC:4827 MFA No. 1459 of 2025 considering the evidence on record, awarded a total compensation of Rs.9,05,460/- with interest at the rate of 6% per annum from the date of petition till realisation. Later, the same was modified to Rs.7,60,086/- by order dated 15.05.2024. 4. Aggrieved by the said order, the claimant has preferred the present appeal contenting that meagre compensation was granted under the heads 'pain and suffering' and 'medical expenses' by the Tribunal. The doctor assessed the disability at 100%, but the Tribunal has taken only 20%. The amounts granted under other heads are meagre and also interest ought to have been awarded at the rate of 9% per annum. Hence, enhancement of compensation is sought. 5. It is stated that petitioner was working as a civil contractor and earning Rs.40,000/- per month, but he has not produced any proof of income. As the accident occurred in the year 2021, his notional income has been rightly taken by the Tribunal as Rs.15,000/- per month, - 4 - HC-KAR NC: 2026:KHC:4827 MFA No. 1459 of 2025 as per the chart prepared by the Karnataka State Legal Services Authority. The claimant was aged 57 years and the applicable multiplier is '9'. 6. The appellant examined the ENT surgeon as PW.3, who stated that surgery was performed on the left ear by way of cochlear implantation with financial aid from the Andhra Pradesh Chief Minister's Relief Fund. On examination, it was found that the claimant was not responding properly even with the aid. Tuning fork tests were negative and the ear appeared to be normal. He advised audiological evaluation, as the patient was not responding to any kind of stimuli without the aid. With the aid, the responses were inconsistent. The disability without the aid was assessed at 100%, and with aid, it cannot not be clearly assessed, as an e-ABR test was required for an objective report. 7. It is further stated that the Tribunal considered the Central Government Notification, wherein disability of 1% is given up to monoural PTA in dB at 1%. It appears - 5 - HC-KAR NC: 2026:KHC:4827 MFA No. 1459 of 2025 that the claimant is having 70 dB hearing loss in speech frequencies in both ears and is categorized as deaf. He has a loss up to 18.3 dB, and he can hear with the aid of implant. Without the implant, he is not in a position to hear. 8. In the Central Government Notification, there is no bifurcation of disability with the aid of any implant and without it. The Tribunal has considered the functional disability as 20%. Admittedly, no guidelines are given by the Central Government to assess disability with or without the aid of an implant and the appellant already has the implant. Even the doctor stated that without the implant, there is 100% disability to the left ear. Considering that the claimant was a skilled contractor, this Court finds that the Tribunal rightly considered the nature of the disability and the occupation of the claimant and assessed the functional disability at 20%, which does not call for interference. - 6 - HC-KAR NC: 2026:KHC:4827 MFA No. 1459 of 2025 9. The Tribunal observed that the claimant also sustained a moderate head injury, right Frontotemporal parietal acute subdural hematioma, multiple right frontal and temproral contusions, fracture of the left 2nd, 3rd and 4th ribs with pneumothorax, left clavicle and scapula fractures and had undergone surgey, though no orthopaedic surgery was examined. The Tribunal rightly granted compensation towards 'loss of future earning capacity' as (Rs.15,000x12x9x20/100) = Rs.3,24,000/-. The claimant was hospitalised for a period of 15 days and as per Ex.P.15, the Tribunal initially granted Rs.4,66,460/-, which was later modified to Rs.3,21,086/- and the said amount is confirmed. 10. The Tribunal granted Rs.50,000/- towards 'pain and suffering' and Rs.25,000/- towards 'loss of amenities' and the said amounts are confirmed. 11. The claimant is also entitled for Rs.20,000/- under the head 'transportation, extra nourishment and attendant charges'. He might not have attended work for - 7 - HC-KAR NC: 2026:KHC:4827 MFA No. 1459 of 2025 at least a period of three months. Therefore, he is entitled to Rs.45,000/- under the head 'loss of income during the laid-up period. 12. The Tribunal awarded Rs.30,000/- towards 'Future medical expenses' and which is confirmed. 13. Thus, the compensation awarded by this Court is as follows: 14. In summary, the appellant/claimant is entitled to a total compensation of Rs.7,95,086/- as against Rs.7,60,086/- awarded by the Tribunal. The enhanced compensation works out to Rs.35,000/-. To this extent, the award passed by the Tribunal is modified. Particulars Amount in Rs. Loss of future earning capacity 3,24,000.00 Pain and suffering 50,000.00 Loss of amenities 25,000.00 Transportation, extra nourishment and attendant charges 30,000.00 Medical expense 3,21,086.00 Loss of income during laid up period 45,000.00 Total 7,95,086.00 - 8 - HC-KAR NC: 2026:KHC:4827 MFA No. 1459 of 2025 15. In the result, pass the following: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 01.03.2024 passed in MVC No.3895/2021, by the IX Additional Small Causes Judge and Court of Small Causes, Member, Motor Accident Claims Tribunal-7, Bengaluru (SCCH-7), is hereby modified; iii. The appellant-claimant is entitled to enhanced compensation of Rs.35,000/- (Rs.7,95,086/- minus Rs.7,60,086/-) with interest at the rate of 6% per annum from the date of petition till its realization. iv. Respondent/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, Company is directed to deposit enhanced compensation of Rs.35,000/- with interest rate of 6% per - 9 - HC-KAR NC: 2026:KHC:4827 MFA No. 1459 of 2025 annum within one month from the release of such deposit. v. Upon such deposit, the appellant/claimant is permitted to withdraw the entire amount along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 16